Item Q1*3:00 P.M. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 12, 2012 =, Marathon
Bulk Item: Yes X No
Department: County Attorney
Staff Contact Person: Christine Limbert-B arrows
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending
Monroe County Code Section 26-1, to reinsert the definition for "Commercial Lobster Season" that
was inadvertently omitted upon adoption of Ordinance 002-2011 on 111912011; amending Section 26-
96 adding language to provide for enforcement of this section in incorporated and unincorporated
Monroe County to the extent that no conflict exist with a municipal ordinance; and deleting Section
26-98(c) to remove the sunset date of 8/31/2012 to continue the prohibition against diving or
snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or
commercial shoreline beginning three (3) days prior to the opening of and during the entirety of the
lobster mini -season and for the first five (5) days of commercial lobster season.
ITEM BACKGROUND: On 12/15/2010 in response to complaints and concerns regarding public
safety, the BDCC adopted Ordinance No. 038-2010 expanding the prohibition against diving or
snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or
commercial shoreline beginning 3 days prior to the opening of and during the entirety of the lobster
mini -season and for the first 5 days of commercial lobster season, providing a definition of
"Commercial Lobster Season" and a sunset date of 8/31/12. On 1 / 19/2011, the BDCC adopted
Ordinance No.002-2011 which inadvertently omitted the definition of "Commercial Lobster Season"
adopted by the BDCC on 12/15/2010. On 8/15/2012, the BDCC authorized the County Attorney to
bring the Ordinance back to the Commission to revisit to allow staff time to identify and/or address any
possible conflicts with existing municipal ordinances related to enforcement in incorporated and
unincorporated Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
12/ 17/2003 ordinance No. 044-2003 prohibiting diving/snorkeling in any manmade water body or
marina or within 300 ft. of an improved residential or commercial shoreline during the entirety of the
2--day sport season for spiny lobster
6/18/2003 Ordinance No. 020-2003 further defining "navigable canal" and "man-made water body"
2/19/2003 ordinance No. 003-2003 Established "No Discharge Zone" (see Exhibit A - Map)
11/20/2010 BDCC approved advertising Public Hearing for 12/15/2010 at 3 pm in KL
12/15/2010 B OCC adopted ordinance No. 038-2010
1/19/2011 BDCC adopted Ordinance No. 002-2011 (GMM) which inadvertently omitted the definition
of "commercial Lobster Season" created per Ordinance No. 038-2010 adopted 12/15/2010
8/31/2012 Sec. 26-98, MCC sunset pursuant to Ordinance No. 038-2010
8/ 15/2012 BDCC authorized the County Attorney to bring the Ordinance back to the BDCC to revisit
11 /20/ 12 B OCC approved Public hearing for 12/ 12/ 12 at 3 :00 P.M. in Marathon, FL
CONTRACT/AGREEMENT CHANGES:
Amends Sec. 26-1 Reinserting the definition of "commercial Lobster Season" that was inadvertently
omitted from the Code upon adoption of Ordinance 002-2011
Amends Sec. 26-96. Adds language to provide for enforcement in incorporated and unincorporated
Monroe County to the extent that no conflict exists with a municipal ordinance.
Deletes Sec. 26-9 8 c : Removes sunset date of 8/31 / 12.
STAFF RECOMMENDATIONS:
TOTAL COST: Advertise cost INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
ORDINANCE NO. -- - 2012
AN ORDINANCE BY THE BOARD OF COUNTY CONMSSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SEC. 264 TO INCLUDE
THE DEFINITION OF "COMMERCLI L LOBSTER SEASOM"
INADVERTENTLY ONUTTED FROM THE DEFINITIONS IN THIS
SECTION UPON ADOPTION OF ORDINANCE on2-2oll ON 1/19/2011;
AMENDING SEC, 26-96 TO PROVIDE FOR ENFORCEMENT OF THIS
SECTION IN INCORPORATED AND UNINCORPORATED MONROE
COUNTY, FLORIDA; DELETING SEC. 26-98(c) TO REMOVE THE
SUNSET DATE OF AUGUST 31, 2012 TO CONTINUE
PROHIBITION AGAINST DIVING AND SNORKELING IN ANY
NL4NMADE WATER BODY OR MARINA, OR WITHIN 300 F'T. OF AN
IMPROVED RESIDENTL4L OR CONMRCIAL SHORLINE
s
BEGINNING wr (3) HAYS PRIOR TO T1IE OPENING OF AND
DURING TBE ENTIRETY OF THE LOBSTER MINI -SEASON AND FOR
TIC FIRST FIVE (5) DAYS OF COMMERCIAL LOBSTER SEASON;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENTHERE ; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAP
S, on December 15, 2010 the Board of County Commissioners adopted
Ordinance No. 038-2010 to expand the prohibition against diving or snorkeling in any manmade
water body or marina, or within 300 ft of an unproved residential or commercial shoreline,
beginning three (3) days prior to the opening of and during the entirety of the lobster mini season
and for the first five (5) days of commercial lobster season with a sunset date of August 31
� f
2012; and
WHEREAS, the Board of County Commissioners intends to have uniformity among the
County and for this ordinance to be effective in incorporated and unincorporated Monroe County
to the extent that no conflict exist with a municipal ordinance pursuant to Art. VIII § 1(fl of the
Florida Constitution; and
WHEREAS, Ordinance No. 038-2010 adopted by the Board on 12/10/2010 added a
definition of "Commercial Lobster Season " to Section 26-1, MCCode; however, the
.. Monroe County
definition for "Commercial Lobster Season"' was inadvertent) omitted from the definition for
y so
Sec. 26-1 upon adoption of ordinance No. 002-2011 on 1/19/2011 and subsequently is not
� y
presently included in Sec. 264, Monroe County Code; and
WHEREAS, the Board of County Commissioners desires to continue the diving and
snorkeling prohibitions beginning three (3) days prior to the opening of and during the entirety of
the lobster mini -season and for the first five (5) days of commercial lobster season, as previously
set forth in Ordinance No. 038-2012, and to provide enforcement throughout incorporated and
unincorporated Monroe County;
1
NOW BEFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION I. Section 26-1, Monroe County Code is hereby amended to include the following
definition of "Commercial lobster season" which was to be included upon adoption of
Ordinance No. 038-2010 on 12/10/2010 but was inadvertently omitted from the definitions in
this section upon adoption of Ordinance 002-2011 on 1/19/2011:
See. 26-1. Defuutions.
Commercial lobster season means the 'od of time desi ated for harvestin of
to r Q!Mntly from August 6 impgh March 31 of the following ear, authorized b
the Marine Fisheries Department of the Florida Fish and wildlife Conservation
Commission vursuant to Section 68B-24.005 Florida Admini trative Code amended
from time to time.
SECTION 2. Sec. 26-96, Monroe County Code is hereby amended to read as follows:
Sec. 26--96. Intent and purpose.
The intent and purpose of this article is to abate the destruction of property, deleterious
environmental effects, and criminal trespass that results from the close proximity of divers to
public and private property, as well as from the interactions and explorations by divers of docks,
piers, and bulkheads in search of spiny lobster during the lobster mini -season and commercial
lobster season. Such activities constitute a public nuisance. This article shall be effective '
rr.�rr � ^^.i in both
into prated and uninco orated Monroe Countv to the extent that no conflict exist with a
munici al ordinance as iprovided in Art. VIII §M of the Florida Constitution.
SECTION 2. Sec. 2&98, Monroe County Code is hereby amended, deleting Sec. 26-98(c),
to read as follows:
Sec. 26-98. Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade
water body or marina, or within 300 feet of an improved residential or commercial
shoreline beginning three (3) days prior to the opening of and during the entirety of the
lobster mini -season and for the first five (5) days of commercial lobster season.
(b) Nothing in this article shall prohibit diving incidental to vessel or dock mainten
ance,
provided the diver performing the maintenance lawfullydisplays a diver down flag
g and
otherwise complies with the requirements of F.S. ch. 327, or diving snorkeling
andin
front of your property to the center line of the canal or 100 ft. of open water.
■� r . 4P ■" .." . i �.• .."
2
SECTION 3, SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 4. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated into the Code of Ordinances of the Count of Monroe
.. y ,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Code.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect as provided in section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of December, 2012.
Mayor George Neugent, District 2
Mayor Pro Tem Heather Carruthers, District 3
Commissioner Danny Kolhage, District 1
Commissioner David Rice, District 4 -
Commissioner Sylvia Murphy, District 5
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MCNROE COUNTY ATTORNEY
PPROVED AS To FORMA:
OLE ' lave
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date
d
3
Current Diving/Snorkeling Ordinances
General ordinance language: No diving or snorkelingwith 300' of improved '
p ved residential or commercial
shoreline, any m e or pnvate canal, or any public or •vats marina.
Pn
Colors indicate that the local governments have the same rules,
Local Gov, Sort Season Reeular Sea
Monroe County 3 days preceding and during First 5 days of regular
y gu season
Village 3 days preceding and during First 5 days of g y regular season
Layton nla
Ivey Colony Beach 4 days preceding sport season and continuingthru �'
the 10 day of regular season
Marathon Entirety of sport season
Ivey Nest nla
ADDITIONAL BACK-UP
CODE OF ORDINANCES
Chapter 26 - WATERWAYS
ARTICLE IV. - DIVING AND SNORKELING PROHIBITED DURING LOBSTER MIN! -SEASON
ARTICLE IV. - DIVING AND SNORKELING PROHIBITED DURING LOBSTER
MINI=SEASON
See. 25-96. „- Intent, _andpurQose
See. 26-97. - Definitions.
Sec. 28-98. - Divina and snodceiin rohibited.
Sec- 28-99. - Penalties.
Sec. 26-98. - Intent and purpose.
The intent and purpose of this article is to abate the destruction ofproperty,deleteri
effects � deleterious environmental
and criminal trespass that results from the close proximity of divers to public and ' r �Y p private
property, as well as from the interactions and explorations by divers of docks, piers, and bulkheads
search of spiny lobster P � ads in
p y during the lobster mini -season and commercial lobster season. Such activities
constitute a public nuisance.
(Code 1979, § 5.5-140; Ord. No. 044-2003, § 1; Ord. No. 038-201 2
Sec. 26-97. - Definitions.
Definitions shall apply as provided in this article or as referenced from other chapters as appropriate.
(Code 1979, § 5.5-141; Ord. No. 044-2003, § 1 )
Sec. 2&98. - Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for an person to dive or or residential or commercial shoreline
beginning three
days prior to the opening of and during the entirety of the lobster mini -season and for the first five days
'
of commercial lobster season.
(b) Nothing in this article shall prohibit diving incidental to vessel or d • dock maintenance, provided the
diver performing the maintenance lawfully displaysa diver down flaga •
and otherwise compiles with the
requirements of F.S. ch. 327, or diving and snorkeling in front of ro our e h
canal or 100 feet Y property rtY to the center line of the
of open water.
(c) This section shall sunset on August 31, 2012.
(Code 1979, § 5.5-142; Ord. No. 044-2003,Ord. No. 038-2 § 1.� 0100 § 3)
Sec. 26.99, - Penalties.
Any person cited for a violation of this article shall be deemed• charged with a noncriminal infraction,
shall be
cued for such an inf raction, and shall be cited to appear before the •
be issued Pursuant pP county court. Citations shall
p to F.S. § 327.74 (uniform boating citations an law enforcement
authorize .. � by Y ement agency
d to issue such citations. The civil penal for an such infraction penalty y infraction is $50.00, except as
Page 1 of 2 Monroe County, Florida, Code of Ordinances
CODE OF ORDINANCES
Chapter 26 - WATERWAYS
ARTICLE IV. - DIVING AND SNORKELING PROHIBITED DURING LOBSTER MINI -SEASON
otherwise provided in this section.
(1) Any person cited for an infraction under this section may:
a. Post a bond that shall be equal in amount to the applicable civil penalty; or
b. Sign and accept a citation indicating a promise to appear.
(2) The officer may indicate on the citation the time and location of the scheduled hearing
and
shall indicate the applicable civil penalty.
(3) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a
misdemeanor of the second degree.
(4) Any person charged with a noncriminal infraction under this section may:
a. Pay the civil penalty, either by mail or in person within ten days of the date of receiving
the citation; ys g
too , or
b. If he has posted bond, forfeit bond by not appearingat the designated time and 9 location.
(5) if the person cited follows either of the procedures in subsection(4)of this secti n
. section, he shall
be deemed to have admitted the infraction and to have waived his ri ht to a hearing g on the issue
of commission of the infraction. Such admission shall not be used as eviden
ce in any other
proceedings.
(6) Any person electing to appear before the coup court or who is required t
. . , county eq o appear shall be
deemed to have waived the limitations on the civil pen specified In this section. . �]In. The county
court, after a hearing shall make a determination as to whether an infraction has been committed. mmitted.
If the commission of an infraction has been proven, the county court may impose a civil penalty
not to exceed $500.00.
(7) At a hearing under this chapter the commission of a charged infraction
bebeyond a re 9 must be proven
yo reasonable doubt.
(8) if a person found by the county court to have committed an infraction he m
findingto the circuit � may appeal that
it court.
.
(9) Failure to pay fines within 30 days shall be punished as a secondary misdemeanor.
(Code 1979, § 5.5-143; Ord. No. 044-2003, § 1)
Page 2 of 2 Monroe County, Florida, Code of Ordinances
ORDINANCE NO, 002 � 2011
_�.
AN ORDINANCE BY ' MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ILTG ! A R 26
OF THE MONROE COUNTY CODE (WATERWAYS) TO
PROVIDE FOR "NO MOTOR ZONES" AND CONSISTENT
SIGNAGE; PROVEDING FOR SEVERABIOLITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROBING
FOR G W H THE SECRETARY OF STATE;
PROVMING FOR AN EFFE DA'�" .
WHEREAS, Monroe County has a variety of boating restricted areas codified endear
Sec,26-71 of the Monroe County Code; and
WHEREAS, Monroe County has multiple Combustion Vessel Exclusion Zones intended
to exclude vessels from entering such area with internal combustion en ' es nann1n
and � �
WHEREAS9 to the language Combustion Vessel Exclusion may be conf isin to boaters
and is inconsistent withg
sun�lar federally established boating restricted areas in the K
that use the Ian No Motor Zone; and � gage Z
u ... g the language No Motor Zone on buo and si a will be c1
beaters � Ys gig ear to
provide consistency between similar County and Federal zones,
and increase
com Hance with th p e restrictions of such zones, and
WHEREAS, the Florida Fish & Wildlife Conservation .
. soon �� such .
boating restricted areas in accordance with Ch er 5SD-23 Uniform Waterway ay Markers
in Florida Waters; and
�, the Florida Fish & Wildlife Conservation Commission has a roved
from the Marine Res Pls �►
request
ounces office to rename Monroe County boating restricted
areas from Combustion Vessel Exclusion Tones to No Motor Zones;
NOW, THE RE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY CO11MISSIONERS:
Section WOMM1. Monroe County Code Section 26-1. Definitions sal be amended as
follows:
Sec.264. Definitions
The following words, terns and phrases, when used in this chapter, shall have the
meanings ascribed to them In this section, except where the context dearly indicates a
dMerent meaning:
Combustion vessel excluaion zone means that no person shall operate a motorized
vessel (as defined In this section), by use of a combustion engine, or In some cases
where specifiCally established an electric motor, in any area spatially defined as
"Combustion Vessel Exclusion Zone" and that lit so Identified as a "Combustion Vessel
Exduslon ZoW by appropriate slgnage.
CO!mar+cr'al vessel means:
�1 } Any vessel primarily engaged In the taking or landing of saltwater fish or
saltwater products or freshwater fish or freshwater products, or any
vessel licensed pursuant to F.S. j 370.06 from which commercial
quantities of saltwater products are harvested, from within and without
the waters of this state for sale either to the consumer, recall dealer, or
wholesale dealer, or
(2) Any other vessel, except a recreational vessel as defined in this section.
Discharge Includes, but Is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying or dumping.
Dive means to wholly or partially submerge ones body while equipped with a mask or
goggles, whether or not any type of underwater breathing apparatus is used.
F/oeNng structure means as defined in F.S. § 327.02.
Houss6oet means as provided In F.S. § 337.02.
Idle spee&w wake means that a vessel cannot proceed at a speed greater than that
speed that Is necessary to maintain steerage.
Live -,aboard vessel.
(1) The term "llve-aboard vessel" means as provided in F.S. § 327.02.
(2) Any Vessel with a person living aboard and that is anchored, moored, or
docked In the same location for 72 consecutive hours Is presumed to be
a live -aboard vessel.
Lobster mini -season means the two-day sport season authorized by the state
pursuant to F.A.C. 088-24.005.
Manager means the manager and/or management staff of the land based facility
authorized by separate resolution and/or agreement to operate, manage and maintain
any county mooring field.
Manmade water body means a water body that was created by excavation b
mechanical means under human control and shall include a canal,Y
where its edges or margins � basin, or channel
g rgi have subsequently been modified by natural forces.
(1) For the purposes of this chapter, such water bodies may have natural
components, for instance a channel or canal may have been dredged
such that the dredge material was used to create land on one side, but
not the other, thus leaving a relatively natural shoreline on the opposite
side.
(2) Also for the purposes of this chapter, the manmade water body must
have "buildings,m as defined In part 11 of this Code, along Its shoreline to
be applicable. If buildings are not present on a given shoreline on the
date of adoption of the ordinance from which this section is derived, but
such buildings are constructed at a later date, then the ordinance from
which this section Is derived becomes effective at that time.
Marine sanitation device means as defined In F.S. § 327.026
Mobile pump -out vessel means any vessel capable of pumping out and receiving
human body wastes and other effluent contained In marine sanitation devices Installed
aboard other vessels.
Mooringr field means areas in and adjacent to the county installed mooring systems,
including designated anchoring areas. These areas may Include both county and state
owned submerged lands, but shall exclude privately owned submerged lands. The
delineation, Implementation and management of county mooring fields shall be approved
by the state.
Motorboat means as provided In F.S. S 327.02. This definition Is synonymous with the
definition of motorised vessel.
1Vlokv zed vessel means any vessel that Is propelled or powered by machinery and
that is capable of being used as a means of transportation on water.
No discharge crone means any of the areas located within state waters within the
boundaries of the Florida Keys National Marine Sanctuary, as Identified in Federal
Register Notice 8$:1448 pp 38967-38989, promulgated on July 26. 2001, and as shown
In attachment A of the ordinance from which this section Is derived.
No Motor Zone means all vessels equipped with Internal combustion motors (e.g.:
gasoline or diesel motors) for propulsion must turn off the internal combustion motor and,
if possible to do so, tilt or raise the internal combustion motor out of the water. The use
of electric motors Is not prohibited.
Owner means as provided In F.S. § 327.020
Person means an Individual, partnership, firm, corporation, association, or other
entity, but does not include an Individual on board a public vessel or the owner of a public
vessel.
Public vessel means a vessel owned or a bareboat chartered and operated by the
United States, the state, the county, or by a foreign nation, except when such vessel is in
commerce.
Primp -out stadan means a facility that pumps or receives human body wastes and
other effluent out of marine sanitation device Installed on board vessels.
Real property owner means any part owner, tenant In common, tenant In partnership,
joint tenant or tenant by the entirety, with legal or beneficial Me to the whole or to part of
veal property.
Recreational vessel means any vessel:
(1) Manufactured and used primarily for noncommercial purposes; or
(2) Leased, rented, or chartered to a person for the persods noncommerdal
use.
Residential area means any area designated improved subdivision, suburban
residential or suburban residential limited, sparsely settled, urban residential, and urban
residential mobile home under the county land development regulations.
seavverthy condition means that a vessel is In good condition and capable of the use
for which it was designed.
Sewage means human body wastes and wastes from tollets and other receptades,
Including approved marine sanitation devices (MSD) intended to receive or retain body
wastes, whether treated or raw.
Slow speed Whimum wake means that a vessel must be fully off plane and
completely settled into the water. It must not proceed at a speed greater than that which
Is reasonable and prudent to avoid the creation of an excessive wake or other hazardous
condition under the existing circumstances. A vessel is not proceeding at a slow
i
speed/minimum wake when it s:
(1) Operating on a plane;
(2) In the process of coming off plane and settling Into the water or coming
up onto a plane; or
(3) Operating at a speed that creates a wake that is unreasonable or
unnecessarily endangers other vessels.
Speargun means any device whether commercially manufactured or hand -made, that
Is designed and constructed so as to be capable of forcefully discharging at great velocity
any spear or any similar projectile In a direction determined by the user thereat for a
distance greater than two feet (24 Inches) whether or not such spear or projectile 1s
tethered to the firing apparatus or otherwise limited in its range. No distinctlon shall be
made as to the mechanical construction or physical means used in such devices to
create the potentlal energy necessary to eject or fire such spear or similar projectiles.
Vessel means as provided 1n F.S. § 327.02.
Water -borne craft or shuctums subject to density affocadon and wastewater
management raequkements {waiter -borne craft) means and encompasses any of the
following definitions, houseboat, floating structures, live aboard vessel, and vessel as
defined In this chapter and F.S. § 327.02 when the object of such definitions Is being
occupied in a manner that would be construed as either a residential or business purpose
that would normally require wastewater facilities. Such occupation, be it residential or
commercial in nature, could Involve either longterm or shortterm tenancies and typically
would involve occupancy Including habitation, eating, sleeping, bathing, and or a
business functions where the occupant were aboard the water -borne waft for several
hours per day.
(1) Water -borne craft may as a matter of course occupy a dry slip, wet slip,
or mooring as defined In this chapterand exist in a marina, marine
facility, mooring field or other location within or on waters of this state as
defined In this chapter.
(2) Water4mme craft are subject to a density allocation commensurate with
the distrlct'it occupies and Is to be calculated as the equivalent of one
density unit. Water -borne craft are subject to wastewater management
requirements as defined In this section and part 11 of this Code.
Section 2. Article III Sec, 26=7I shall be amended as follows:
Sec. 26-71. Boat restricted zones established.
(a) Idle speed1no wake zones. No person shall operate a vessel in the following
areas spatially defined as idle speed/no wake zones" at a speed in excess of
Idle speed/no wake as defined In this chapter.
�1 Summedand Key Channel: To Include an area within 300 feet of shore
along the southwest shore of Summerland Key, running contiguous with
the shorelines of Summerland Key Cove and Summerland Cove [skis
subdivislons.
(2) Ocean Reef Club:
a. Bayside: To include an area between 300 feet of shore along the
northwest shoe of North Key Largo running contiguous with the
shoreline of Snapper Point subdivision, Ocean Reef Club within
the navigation channel that parallels the shoreline. Includes all
Internal canals of Snapper Point subdivision.
b. Oceanside: To Include all residential canals In Angelfish Cay, all
residential canals In Channel Cay, and the portion of Little
Angelfish Creek adjacent to Angelfish Cay.
(3) Riviera Canal: To include the area of Wvlera Canal, Key West, running
from Cow Key Channel to the crest, until it toms approximately 90
degrees to the north.
(4) Jolly Roger Estates, Little Torch Key: To Include an area running parallel
to the eastern shore of Jolly Roger subdivision approximately 300 feet
offshore and within the deep navigation canal parallel to the subdivision
shoreline. To include the northernmost canal (running east -west) leading
Into the internal subdivision canals.
(5) Sombrero Bead: To Include the area at the west side of Sombrero
Beach w tending to the west side of the navigation canal, bounded at Its
southem e*eme by Day Beacon No. B.
(6) Safety Harbor. To include an area contiguous to and extending
approximately 3M feet from the residential shorel ines of Safety Harbor
and Toll Gate Shores, within the existing deeper parallel navigation
channel.
(7) Community Harbor. To Include the area within the bounds of Community
Harbor, Tavernier, Key Largo and extending in an arc from either side of
the mouth, Just outside the bounds of the Harbor.
(8) All manmade water bodies: To include all manmade water bodies, as
defined In this chapter, within the waters of the county.
(9) Dove Creek: From the open water of the AtlanticcJHaWs Channel, the
eastern section of Dove Creek to the western end of Dove Creek
subdivision and including the Dove Creek subdivision residential canal.
(10) Key West: Smathem Beach: To include an area parallel to the shore
along Smathers Beach running 600 feet offshore.
(b) SEaw awed/minimum wake zones. No person shall operate a vessel in the
following areas spatially defined as "slow speediminimum wake zones" at a
speed in excess of slow speedlminlmum wake as defined in this chapter:
(1) Snake Creek: To Include the entire width of Snake Creek' from 100 feet
south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of
the residential shoreline of the Venedan Shores subdivision, Plantation
Key.
(2) Vaca Cut Extending the length of Vaca Cut, Marathon from the
regulatory marker located approximately 1,250 feet south of the Vacs
Cut Bridge to the regulatory markers located approximately 800 feet
north of the Vacs Cut Bridge.
(3) Whale Harbor. To indude the area just north of the Whale Harbor Bridge
and extending south the length of the Whale Harbor navigation channel
to ATON number 1.
(4) Boot Key Harbor and Sisters Creek: To Include all waters within Boot
Key Harbor Including contiguous creeks and manmade canals and
Induding approaches to the Harbor from the West beginning at Day
Beacon No. 7 and from the South Sister's Creek beginning at Day
Beacon No. 4.
(5) Cow Key Channel: To include Cow Key Channel north of the Cow Key
Channel Bridge at U.S. Highway 1 and ending at Daj► Beacon No. 11, south of
the Cow Key Channel Bridge.
(8) Adams Waterway. To include the entire area known as Adams
Waterway Key Largo leading from Blackwater Sound on Florida Bay to
Largo Sound on the ocean side of the Island of Key Largo.
(c) Na Motor Zones. No person shall operate a motorized vessel in the following
areas spatially defined as "no motor zones :
(1) Harry Harps Park: To include an area parallel to the shoreline extending
the length of Harry Harris Panic, Tavemler, Key Largo extending to the
west to include the flue contiguous lots of Ocean Park Village and
extending approximately 450 feet offshore.
(2) dove Creek and Dove Lake: To include the western and of Dove Creek
from the west end of Dove Creek subdivision to the mouth of Dove Lake
and the entire area of Dove Lake.
(3) Whale Harbor Channel "Fiats": To indude the shallow areas adjacent to
the northeast and southwest sides of Whale Harbor Channel on the
ocean side of U.S. Highway 1, The approximate length of the zone
extends from the Whale Harbor Channel Aids to Navigation Numbers 8
and 9 southeastward to Whale Harbor Channel Aids to Navlgatlon
0
Numbers 1 and 2. The width of the zone is defined, on either side of the
channel, by the adjacent shallow areas and the small channels farther to
the northeast or southwest of the Whale Harbor Channel. The zones are
approximately triangular on either side of Whale Harbor Channel. The
Zones will specfically exclude the areas known as the "Sand Bar,"
shallow, sandy areas immediately contiguous to Whale Harbor Channel
on either side.
(d) Afotarbwts proftited zone. No motorboat as defined herein shall enter an area
established by County Ordinance as "motorboat prohibited zone.! The following
area is a motorboat prohibited zone ;
Varadero Beach: To include an area within 300 feet of shore along the
cove on the bayside of Key Largo, known as Varadero Beach at
approximately mm 95.13 bayslde and as shown graphically in the
attached map. Kayaks, canoes and similar exclusively human powered
Wessels are allowed in this zone.
(e) Viewable map of zones. Viewable maps of each of the nines noted in this
section are available at the county office for marine resounes.
Sermon 3. Severability. If any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
clause, sentence, or provision immediately involved in the controversy m which such
judgment or decree shall be rendered.
&eetlon 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
of an ordinance herein shall not repeal the rq=Hng clause of such ordinance or revive
any ordinance which has been repealed thereby.
Sean 5. Filing and Effective Date. This Ordinance shall be filed with the Florida
Department of State, and shall become effective as provided in Sec, 125.66(2), Florida
Statutes.
(Phis area is intentionally left blank)
aJ*
PASSED AND ADOPTED by the Board of County Commissioners of Mo
nroe County,
Florida at a regular meeting held on the _l 9thday of .2011.
Mayor Heather Carruthers Yee
Mayor pro tem David Rice Yell
Commissioner George Heugent -
ommissioner Kim Wigington Yee
Commissioner Sylvia Murphy Yes
��� • --: � E COUNTY BOARD of Co • :, UNTY COMMISSIONERS
.9 •. L. KOLHAGE, CLERK
� �;*� •1 ►ram
By
JOF All
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p ty y er a there
MOLAR CaUroRHE1PP A4AAri.aa
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MONROE COUNTY COURTHOU311
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 2944641
FAX (305) 295-3663
BRANCH OFFICE:
MARATIMN SUB COURTHQUSE
.3117 OVERSEAS HIGHWAY
MARA nioN, FLORIDA .33050
TEL. (305) 299-6027
FAX (305) 289-1745
`.Gcur#4,
*Oa;-
aowre
CLERK OF THE CIRcurr court
MONROE COUNTY
www.derk-of the-cowrt.com
February 8, 2011
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
B RANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 952 7145
FAX (305) 952-7146
ROTH BUILDING
50 HIGu POINT ROAD
PLANTATION KEY. FLORIDA 33070
TEL. (305) 552-7145
FAX (305) 853-7440
Via Certified Mail 70101670 00010244 7587
Enclosed please find a certified copy of Ordinance No. 002-20 '
11 amending Chapter 26,
of the Monroe County Code {Waterways} to provide for ' +�
P `l�o Motor hones and consistent
signage; providing far severability and repeal of inconsistent provisions; - . • provisions; providing for filing with
the Secretary of State; providing for an effective date.
This Cnd i Hance was adopted b the Monroe Co .
R ]' County Board of County Commiss�oners at a
Regular Meeting, held in formal session, on Jana'' 19, 2011. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock A C.
cc: Municipal Code via e-mail
Growth Management via e-mail
County Attorney via e-mail
File
i J.S. Postal Service .. -
GERTIFiED MAIL:,, RECEIPT
(Domestic Mail Only: No Insurance Coverage Provided)
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STATE OF FLORIDA
��•w .IL COUNTY OF 1VIONROE
Cooke Communications, LLC
Florida Keys
Danielle Cie horn Before the undersigned authority Personally appeared Rand G. Erickson,
9 Y �
PO Box 1800 who on oath says that he is Vice -President of G ations of the K west
Key West F! 33041 Citizen, a daily newspaper published in Ivey West, in Monroe Coup
Office, ...385�-Z9Z,7T?T Florida -,County,
ridsthat the attached copy of advertisement, being a legal notice in the
Extension Jd19 g g
....... matter of
Fax...... 205 -3 9 5-8025
1 I L J _ A
INTERNET PUBLISNING U _�:
keywast.com Afinr- . ,. 2*-Z
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keyanew.com - E. r l
florldakeys com kz. Adkenw- bow
.
key-wesLcom was published in said newspaper in the isSle�S} of JrM
t C
Mbb Des n Swim p
BA a
.� •
• wr.y �M
NEWSPAPERS �
The Clttten • ; -� 3�
•• Ci
SDYthemmost Flyer Affiant further says that the c-3
Salares HII Y Ivey west Citizen is a newsMer j&jj& in
Big Pine Free Press Key West, in said Monroe County, Florida and that the said ne
wspaper has
Maraftn Free Press heretofore been continuously published in said MFlorida,
Islamorads Free Press Monroe County, Florievery
Key Largo Free Press say, and has been entered as second-class mail matter at the
past office in' Ifey
MAMXETM West, in said Monroe County, Florida, fora period of I year .
sEavlcEs the Pe y next preceding
commercial Pr#n5ng first publication of the attached copy of advertisement; an
Cozen Locals Card � d aff]8nt fllY'thel
says that he has neither paid nor promised an person, firm or eo
n� � discountY p � rporation any
rebate, commission or refund for the se of securing
'
FLORIDA KEYS OFFICES advertisement p� � this
Printing 1 Main Fac1I for publication in the said newspaper,
3420 Northslde Drive
Keay West, FL
3304o-i soo
Tel 305-292-T777
Fax 30&294-0788
inter no Division
33040-3328 Sworn and subscribed before .
Tel 39r292-1880 re me this day of 201
Fax 305-294-1699
saps@keywesuom tlltlt����►
ldale Keys vice Notary Public: �,....,,► '�
6393 ❑vemeas Hwy
Mam`o",FL (MM 5Z5) Danielle Cleghorn
a50-3342
Tel 305-743r87�
Fax 305-743-9977 a .'
Upper Kays Office Expires; December 14, 2014 �i�►► ������
91731 overseas Hwy Notary
Tavemier, FL 33070
Tel 305453-7277
Fax 3054LS3.055s
�epress�Rotidaksys. com
Personally Known x Produced Identification
Type of Identification Produced
r
Pursuant to •sue: 28&0105,
Florida 5tdutee* notice is ghm
that d a Person dadded to appeal
any dedslon . made by, the BOW�� � any matter
�, he rye Rich NWifnge or
$ nand of
dta
� � and they for such
' that a verta;tlm Low to td o1 theeneu�
PWVwUUWngs is made. whlrh
� +e
e c oano
TD gGNS1DER A ped is
■ ' eWdence upon which the '
F CaLmnoLownplegto be based.
N(MCE IS HEREBY OIYER TO
WHOM IT MAY CONCERN j
On f WngMb% ' January 1 B'
Qo RML, or as soon
thane H be heard, at
1200 Truman A �'
Key ' ��i�o ft #lour,
FhMdk' ft BQ&d of County
cowenjakwWo of monrae
COU tK Fb*hk lnhwaft to
�adoption of the
n9 County men
AN ORDINANCE BY THE
Co Ul+nnr BOARD of
COUM Y COMUSSIONERS
AMEND a CHAP 26 OF*
MONROE COUN" CODE
WATERWAYS) 70 RROME
FOR
" (MOTOR ZONES" AND
CONSWMPRQ�IIDIII� ROE.
SEVERABIUTY AN
OF IN Q EPEAL
JEW
PEONS; 0 FOR
FlUNO WITH THE SECRETARY
FSTATE; pRWDlNo FOR
FFFEC1111E DATE.
AD-4 - if you aW s
**h o duNflly. who
In
F
Phi (� 2S1 � hY
bref'of am &NL .
S;Dppjm, no falor men S
W%ffmww Prior to do
SMIUMURM
haen� or , 11 you am*W i mt P0+4 rap
Dated at Marathon, Fiorkia, this
291h day of December, 2010.
ANY L IroLHAM
Clark of the Clnw t Court
and ex of klb
Clerk of the Board of
ca&q Commissionary of
Monme county, FTorlda
January 1. 2011
FLORIDA DEPARTMENT 0 STATE
90",
RICK SCOTTT STATE LiHRARy AND ARCiflVE9 OF FLOmDA Ki1RT a HROWiIIYG
Governor Secretary of State
February 11, 2011
Honorable Danny L. Kolhage
•. _ .•• • .�.
. • + ' - nrn
1...._
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Ivey west; Florida 33040
--
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Attention: Isabel C. DeSantis, Deputy Clerk
_... r,! CA
0
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.65, F 1 orida Statutes this will acknowledge
letter � wledge receipt of your
dated February 8, 2011, and certified copy of Monroe Co Ordinance H _ .
file �Y o. 002 201 1, which was
d in this office on February 11, 2011.
Sincerely,
Liz Cloud
Program Administrator
LClvm
DER' S OMCZ
R.A. Gay Building • 500 SMI& Br==Sh Street . Teusha1piM R1 nuk 3I3 "250
850.245.6600 • FAX; 8' 24S'an - MD- 850.92Z.4085 . 1ftP:JJdUx-doaattt&9L=
COhG4UNTrY DBVELOPhaW STATE UBRARY OF FLORIDA ST'ATS ARCHfVB3 OF FLORIDA
850.245,66G0 • FAX 850245.6d43 850.245.6600 9 FAX: 8S0.245.6744 850.245-6700 • FAX 850 498.4894
CAPE ML BRANCH RECORDS MANACqvVUUqr SUVICES ADUMSTRATNE CODS AND wB,M Y
850.488,2812 ■ FAX. 850.488.9879 850.245.67Sr0 • FAX 850.243 6795
e50.245.6270 9Fax: uss.ias 6282
3 CoMplete ftWU f , 2, and & Also call, e
n 4 R f
f#mr4wy fs desired.
■ Print your name and address an the reverse
so that we can return the card to ycu
a Attach this card to the back of the maiofece,
or on the front #f space permftL
I. Artie Mdmwo tm
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekly
R. A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Ordinance 002--2011
A. s%ewmew
x DEPT. OF STATE DAgM
o
B. pxawea ater� C. Domof cdwaY
M is ddmy addma ftm item 1? 13 mo
"YES, enter deify eddrM below: C] No
a. servim Type
)MQwftW Md 0* md
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❑ insured ma d CAD.
:%MILAM.." Ac&- _.
-- --.W., ■ M r W "
VLM
Mwafer ftm SwVw Abo 7010 1670 0001 0244 7587
PS Form 38119 FebnMy 2004 00 ,
UNITED STATES POSTAL SERVICE
FUst-Class Mail
Postage $Fees Paid
LISPS
Parini! No. G10
• Sender: Please ON your name, address, and ZIP+4 to this box •
Monroe County Clerks s Office
Attention: P. Hancock
PO Box 1980
Ivey west FL 33041-1980
�i1 r�11111i1 �� t 111 i1 �1I diesl111i111 todI IIi) I II J))hI is I till
F L 0 R I D A KEY S
Irs,
f f ;
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that -the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
Swops to a�subs abed before me
this oZ D of , 2012
(SEAL)
Nota BMRLYTRAEGER
*= MY COM111010N M DD 969749
EXPIRES: April 18, 2014
Bonded TMu Notary Public Underwriters
Ad# 28650
NOTICE OP INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on December 12,
2012,at 3:00 P.M., or as soon,
thereafter as may be heard,
at the.Marathon Government
Center, 2798 Overseas ,
Highway, Mile Marker 50,
Marathon, Monroe County,
Florida, the Board of County
Commissioners of Monroe
County, Florida, intends to
consider the, adoption of the
followirWCounty ordinance:
AN ORDINANCE BY THE,
ADA ASSISTANCE If you
are a person wrA a disability
who needs special accom-
modatlons In order to partici-
pate In this prgceeding,
p�se'ob'ths County
Admh*jrstdlrrl Ohloe, by -
phoning ( ) 292-41"1. be-
tweeq eta urs of 8:30 a.m.
•= 3:01 'rn.', no later than flue
(5) calendar days prior to the
scheduled meeting; If you
hea� or yoke hrr-
Dated' at Key ,West, Florida,
this 20th day of November,
zo12. it
DAmy,L. KoLFiAW, Clark of .-,
the 0=41Court.a wex otlicNas�f�
a,vrnnn�auyrwrs v� mwuvd
County; Florida
AkWMD, 2012
IGI'UpE
ISTER ' t
TENTLY� I
TIONS IN THIS,SEC,'IC)N
UPON ADOf+TII�N O RDI
NANCI 002-2071' 0iti
1H912011; AMENDING SEC.
26-96 TO PROVIDE FOR EN-
FORCEMENT OF THIS SEC- .
TION IN INCORPORATED
AND UNINCORPORATED
MONROE COUNTY, FLORI-
DA;:DEL:ETING $EC. 26-Mc)
TO REMOVE THE SUNSET
DATE OF AUGUST 31 2612,
TO CONTINUE THESPROHIB-
ITION AGAINST DIVING AND
SNORKELING W ANY MAN-
MADE WATE"ODY OR
MARINA, OR WITHIN 300 FT.
OF AN IMPROVED RESIDEN-
TIAL, OR COMMERC,b4L
SHORUNE, EPINN1NG
THREE (3) AYS PRIOR TO
THE OPENING OF AND DUR-
� NANCES; ANDP�O'�11NG
;FORAX. Ellff lift DATE.
I.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that.lf a person decides to
appeal, any decision made by
the Board with respect to any
matter considered at such
hearings or meetings, he will
need a record of th6 proceed-
ings, and thst; for such pur-
pose, he may need.to ensure
that a verbatim record of the
proceedings'is made, which re-
cord includes.the testimony
and evidence upon which the
appeal'Wto be `
_n
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NOTICE OF INTENTION TO
C(NNSIDER.
A AUNTY
ORDINANCE`
NOTICE IS HERESY GIVEN TO
WHOM IT MAY CONCERN that
on DecenOW 1.2,.2a1 g at 3.00
1P M., or as soon thereafter as may
be heard, at the Marathon
Government Center, 2798
Overseas Highway, Mile Marker
50, Marathon, Monroe County,
.Florida, the Board of County
Commissioners of Monroe County,
Florida, .intends to consider the
adoption of the following County
ordinance:
.LEY w� STATE OF FLORIDA
on" I• COUNTY OF MONROE
i, LLC
AN ORDINANCE BYTHE 5
BOARD OF COUNTY im
COMMISSIONERS OF MONROE —
COUNTY, FLORIDA AMENDING
SEC. 26-1 TO INCLUDE THE
DEFINITION OF "COMMERCIAL
LOBSTER SEASON"
INADVERTENTLY OMITTED
FROM THE DEFINITIONS IN
THIS SECTION UPON
ADOPTION OF ORDINANCE
002-2011.1 ON 1/19/2011;
1 To
,ftftIN
----------------
UNI
O„FLORIDA,I DALNEDTDELETING
SEC. 28-g8(c)TIO REMOVE THE
SUNSET DATE .OF AUGUST 31,
PROHIBITION��NUE THE
AND SNORKELINGAGAINST IN ANY G i
MANMADE WATER BODY OR
MARINA, ORIN 300 FT OF
AN IMPROVED RESIDENTIAL
OR COMMErEICrer. Buns. —
PRIOR TO ����� ES
THE' OPENING OF
AND DURING THE ENTIRETY
OFTHE LOBSTER
MINI -SEASON AND FOR THE
FIRST FIVE (5), DAYS OF
FOR THE:R90 ' OF ALL
MONROE 1010 Y COjE'
ORDINANCES, AND PROVIDING
FOR AN EFFECTIVE DATE. . 1
Pursuantio Section 288.olM
Florida Statutes„ r is given
that a"person NIdes
.� o�Board
with
or
considered"at
meetings, he, will need a record of -corn
the , and1hat, for such
Purpose, ,fray ,, W to ensure
that a verbi" rbdord of the
PrOceetfings is made, which
record
includes the testimony and
which the Appeal is
to be
ADA ASSt$�� �+rili,�i
person "K& disa6ili yr who needs
1O.Participatei.this - - e
Pie contact the County
ftniniiinwoirm, by phoning
(� 2s2-a44n the,
houNs'of 8:30 a:m. - 5:OQ p m., no
later than firm (5) tapir r days
prior to the scheduled Nneetin8; if
you are hearing or voice llemtiror1
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice -President of Operations of the Key West
Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; that the attached copy of advertisement, being a legal notice in the
matter of
i I� CAW co ajo, AU C E=
COMM EjL C � � I L � � s � SkIrSa,4J f'
was published in said newspaper in the issue(s) of
�k tylf2 25, 20 ) z
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Signature of Affiant
Sworn and subscribed before me this 2 5 day of ✓ J 0 Ve-A7 �'e-�-2012
Notary Public:
V_
�ptARY tssA �r Nsue'
'��#N KAARY PUWC -,I
z SSJ7E OFF IDACD
a Coniri # EE15 3
\ " E 19�e Expires 1/4/2 '
n
Dawn Kawzinsky ' `D
Expires: 1/4/16 Notary Seal'
Personally Known x Produced Identification
Type of Identification Produced